In certain circumstances, filing a petition for an extreme risk protection order (ERPO) is necessary to ensure safety or prevent violent crime. The experienced attorneys at Feldman & Lee PS can advise you on whether this is the best course of action for your particular case and guide you throughout the legal process of obtaining an ERPO.
Jurisdictions We Serve
In 2018, the Extreme Risk Protection Order Act was introduced in Congress. The bill seeks to establish a federal grant program for states to implement extreme risk protection order laws and expand the categories of individuals who can be prohibited from owning, shipping, transporting, and receiving firearms and ammunition.
The bill is still being reviewed. However, while there is as yet no federal law governing extreme risk protection orders, Washington has had state legislation on ERPOs in place since 2016.
The diverse team at Feldman & Lee PS has decades of collective experience in multiple practice areas, including filing petitions for protection orders. We are uniquely positioned to provide clients in Kent, Lynnwood, and Everett with legal guidance on ERPOs.
In September of 2021, an 81-year-old Everett-area resident fatally shot one of his tenants. A month later and a few miles away, a 19-year-old man shot his elderly neighbor after an argument.
Gun violence is on the rise throughout the U.S., and Everett and the rest of Washington are no exception. Apart from homicides, suicides also make up a large part of firearm-related deaths not only in the state but also nationwide.
An extreme risk protection order (ERPO) empowers individuals and law enforcement to prevent gun-related tragedies, including suicides, mass shootings and other forms of homicide, and intimate partner shootings. If you know someone at risk of harming themselves or others using firearms, you may file a petition for an ERPO.
An ERPO is a civil order that temporarily removes a person’s access to guns and ammunition. To learn more about an ERPO and for legal guidance on the petition process, reach out to our team.
Washington has some of the toughest gun laws in the country. However, gun-related deaths and injuries remain a public health emergency. The state has an average of 781 gun-related deaths per year.
Awareness drives in Lynnwood and surrounding areas are part of attempts to improve gun safety and prevent shootings, suicides, and non-fatal injuries caused by firearms. To help protect their loved ones and community, Lynnwood residents may also seek an extreme risk protection order (ERPO) from the court.
If an individual appears to pose a severe threat to others or themselves and is in possession of or has access to a firearm, their family, household members, or law enforcement can file a petition for an ERPO. This civil order removes the at-risk individual’s right to own and use a gun.
For guidance on obtaining an ERPO, get in touch with us today.
Data shows that King County had 155 firearm-related deaths from 2013 to 2017. Of that number, 68% were suicides.
Mental health services, safe storage of firearms, law enforcement assistance, and gun violence prevention resources may help prevent more cases of gun violence in Kent and the rest of King County. State legislation also provides residents with another way to help prevent gun violence: an extreme risk protection order (ERPO).
An ERPO may be filed against a person who is deemed to be a significant threat to themselves or others and at high risk of dangerous behaviors. If the judge grants the ERPO, the person’s access to firearms and ammunition will be restricted.
Our team at Feldman & Lee PS is ready to discuss this remedy with you and provide you with sound legal counsel. Reach out to us today.
The Process of Filing a Petition for an ERPO in Washington
To request an extreme risk protection order, you will have to fill out and submit a number of documents by email or fax. You will be asked to supply information such as:
- Your name
- Your relationship with the respondent
- The type of firearms the respondent has access to
- The facts that lead you to believe the respondent poses a significant danger to themselves or others in the near future
- Instances of violence and threats
- The respondent’s previous convictions and arrests
You may choose to request a temporary ERPO. This type of order is effective immediately, lasts for 14 days, and does not require the respondent to be notified. Another option is to request an ERPO for one year.
The latter option requires you to attend a hearing, where you may be asked to give testimony and present evidence.
Benefit From Our Attorneys’ Years of Experience
Completing all the steps to get an ERPO takes a lot of time, and mistakes in filling out and filing the forms can result in further delays. In potentially dangerous situations, however, it’s critical to act fast.
For this reason, you may find it helpful to have an experienced attorney to provide you with assistance and advice that may help ensure a timely resolution.
The lawyers at Feldman & Lee PS have extensive experience in petitioning the courts for ERPOs. When you work with us, you can rest easy knowing that we’re at the helm. We’ll take care of everything, from filing the appropriate documents to representing you at your hearing.
Regardless of why you’re filing an ERPO against an individual, it may seem like an overwhelming and emotionally difficult task. It is not an easy decision to make but rest assured that we will stand behind you.
You can count on our team of attorneys for compassionate support as well as sound legal counsel and diligent representation.
What You Can Expect From Our Washington ERPO Lawyers
We understand that navigating the legal process of petitioning for an ERPO can be confusing and complicated. However, you don’t have to worry. We’re here to help.
Our team believes in being proactive and not just reactive. When you choose us to assist with your ERPO filing and related hearings, you can be confident that we:
- Will provide you with sound legal advice
- Be readily available to answer all your questions
- Provide you with information on other options so you can make an informed decision
- Keep you up to date on the process of your petition
- Walk you through the hearing process so you’ll know what to expect
- Keep all details of your case confidential
Whether you wish to file an ERPO for a person at risk of harming themselves or another person, you can count on us for the support and legal guidance you need. Schedule a free consultation with one of our experienced and highly skilled lawyers at our Kent, Everett, or Lynnwood office today.